Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

COREPER: Role and Composition

COREPER: This is regulated in Art. 16.7 of the TEU. It is a committee of representatives of the governments of the member states, responsible for preparing advice for the Council. The Council benefits from a homogeneous COREPER. Operating under the Treaty, COREPER prepares the work of the Council and may carry out other tasks. Therefore it has two functions: a preparatory function and other tasks. The main role of COREPER is the preparatory function, which is indispensable. It arranges all the legal-technical advice and leaves only the political decision on the issues. Among these other functions, COREPER can perform decision-making functions as well, but only in procedural matters. COREPER consists of the heads... Continue reading "COREPER Role and Council Legislative Powers" »

Core Principles of Employment Contracts

Employee Characteristics

Employees should generally be over 16 years of age. Individuals under 16 may only be employed as apprentices under specific conditions.

Purpose of Employment Contracts

The primary purposes of an employment contract are to:

• Protect the health and life of the employee.
• Demonstrate that the employee can maintain a lifestyle consistent with their salary.
• Ensure a standard of living compatible with human dignity.

Contract Validity and Effects

Invalidity (Article 9)

An employment contract is considered invalid if there is evidence of fraud, distortion of its terms, or hidden objectives that could ultimately lead to the contract's termination.

Legal Effects of Invalidity

• Erga Omnes: The invalidity

Principles of Criminal Procedure

Principle of legality: This principle permeates the entire criminal procedure. Everyone is entitled to know beforehand what conduct is criminal, who may go to court, who initiates the proceeding, and who concludes any action. Any action in the judicial process must be carried out according to the forms and requirements established by law.

Presumption of Innocence

Principle of presumption of innocence: Every person is presumed innocent until a trial judge decides otherwise by a reasoned decision based on clear and sufficient evidence of guilt.

Duality and Equality of Arms

Principle of duality and equality of arms: There must be two parties—an accuser and a defender—and both must be procedurally equal. Effective... Continue reading "Key Principles of Criminal Procedure and Trial Rights" »

The Decretos de Nueva Planta: Centralizing Spain

Following the War of the Spanish Succession, traditional regional policies and institutions across the Crown of Aragon were replaced by the Spanish administration through a series of royal provisions. These were collectively known as the Decrees of Nueva Planta. Named to provide a 'new organizational structure' (nueva planta), these decrees fundamentally reshaped local agencies and courts, notably establishing the Audiencia-Corona.

Valencia: Abolition of Privileges

During the War of the Spanish Succession, once Aragon and Valencia seemed subdued, Philip V issued a first decree on June 29, 1707. This decree justified, citing the rebellion of his subjects, the abolition of their privileges and the... Continue reading "Decretos de Nueva Planta: Centralizing Spain Under Philip V" »

Searle's Distinction: Meaning and Communication Intentions

Searle argues for a crucial difference between the intention of communicating meaning and the intention of meaning itself. This distinction is key to understanding his critique of traditional theories of meaning.

The Intention of Meaning

The intention of meaning, according to Searle, is the need to assign a reference to a signifier. This intention can be approached in two ways:

• Descriptivist Theories: These theories, focused on the descriptive content of an element, struggle with the problem of identity. The descriptive content can often overflow the element itself, making it difficult to establish a clear identity.
• Referentialist Theories: These theories, also known as traditional theories,

Error of Law

Error of law is the ignorance of the law or its interpretation. It does not invalidate a contract. Article 141 of the LICC (Law of Introduction to the Civil Code) requires good faith. Article 141 - Transmission of the will by an intermediary may be canceled. Article 142 - Does not become addicted when... Article 143 - The miscalculation is accidental.

Deceit (Dolo)

Dolo is the error caused by the bad faith of others.

• Principal Deceit: Represents the determinant of the transaction.
• Incidental Deceit: Not a decisive reason for the legal business. It only requires the satisfaction of losses and damages.
• Positive Deceit: Resulting from an action.
• Negative Deceit: Resulting in an omission.
• Bilateral Deceit: Given the bilateral turpitude, deceit

UN Resolution on Spain (1946)

This document is an argumentative expository text of a political nature. It is a resolution, an agreement and policy statement adopted by the United Nations on December 12, 1946, signed by the UN General Assembly, representing the member countries.

This resolution recognizes the fascist and unrepresentative nature of the Franco regime, deeming it unacceptable at the UN. It recommends that countries isolate themselves from Spain while this situation persists.

Reasons for Isolating Spain

The resolution is based on several factors:

• An authoritarian government centered on Franco.
• A single far-right party, the FET de las JONS.
• Severe political repression against those opposing the regime.

The resolution criticizes Franco's... Continue reading "Franco's Spain: UN Resolution and International Isolation" »

The Spanish Transition to Democracy

The transition process began with the death of General Franco. With the enactment of the last fundamental laws of the 1967 Franco-era Organic Law of the State, the problem of succession arose, and thus the continuity of the authority system. The former King, Don Juan Carlos, was appointed successor as head of state, and President Carrero Blanco's government was appointed. New facts arose that made the survival of the Franco regime irreversible: the assassination of Carrero Blanco in 1973, economic transformation involving changes in society, both in the active population and in customs and ideas, the transformation of the Catholic Church, and the conversion of the Greek and Portuguese dictatorships into democracies.... Continue reading "Spanish Transition to Democracy & Rule of Law" »

Effective Document Management: Archiving Essentials

Our archive serves as a comprehensive documentation center, enabling effective work processes. We offer a cost-effective service, ensuring seamless communication and rapid document retrieval.

Key Document Classification Criteria

Our archive should be established following clear classification criteria to meet its objectives:

• A file should not create confusion: criteria must be clear and unique.
• Any authorized person needing to access the file must understand its rules and organization.
• Documentation must be shelved following objective criteria.
• Documents are filed according to generic criteria.

Alphabetical Filing for Personal Names

To arrange names alphabetically, classify individuals by surname,... Continue reading "Mastering Document Management: Archiving Best Practices" »

Private International Law: Concepts and Application

Within various legal systems, rules and standards applicable to legal relations with foreign elements are known as Private International Law (PIL) rules or conflict-of-laws rules. For example, if two individuals enter into a contract in Uruguay, and one later sues the other, applying to Chilean courts to declare the contract void in Chile, questions arise:

• Do Chilean courts have jurisdiction to hear this case?
• If, after careful study, we determine there is jurisdiction, should the Chilean judge apply the provisions on contract annulment contained in Uruguayan law or those in Chilean law?

PIL rules of a country determine whether its courts have jurisdiction over a particular matter involving a... Continue reading "Private International Law: Jurisdiction, Conflict, and Treaties" »